Appeal Court dismisses suit challenging Gov. Zulum’s election
The Court of Appeal Jos Division on Friday dismissed an appeal challenging the nomination of Borno state Governor, Babagana Zulum of the All Progressives Congress (APC).
Alhaji Idris Mamman-Gatumbwa had filed a petition before Justice U. Onyemenam-led justices of the appellate court seeking it to upturn the judgment of a Federal High Court which okayed his (Zulum) nomination as Borno state APC governorship candidate for the 2019 general elections.
Justice Onyemenam, while delivering judgment of the Appeal Court, dismissed the appeal for lacking in merit.
“The appeal filed before this appellate by Alhaji Idris Mamman-Gatumbwa, is statute barred and of no effect as it is lacking in merit.
“Looking at the nature of the case, the decision of the lower court is therefore, upheld and the appeal is hereby dismissed for lack of merit,” Onyemenam declared.
The judge held that the case was filed before the lower court after the statutory 14 days grace as stipulated by the Electoral Act.
It would be recalled that Justice Jude Dakat of the Federal High Court, Maiduguri had dismissed the petition of the appellant on the basis that it lacks merit.
Justice Dakat had in that judgment held that the petitions lacks merit on the grounds that it was filed out of the 14 days grace to challenge any discrepancy during party primaries as stipulated by the Electoral Act.
Consequently, counsel for the appellant, Ibrahim Bawa (SAN) had approached the appellate court to upturn the judgment of the lower court, praying it to look into the merit of the case and order the party to do the needful in accordance with the law.
He further prayed the court to upturn the decision of the lower court which failed to look at the merit of the case, but dismissed it, asserting that the lower court was wrong to declare that “we were out of the 14 days.”
Bawa went pointed out that Section 87 of the Electoral Act holds that primaries not properly conducted should be nullified and prayed the appellate court to allow the appeal and rule in favour of his client.
